49 CFR 1572.403 - Procedures for collection by States.

§ 1572.403 Procedures for collection by States.
This section describes the procedures that a State, which collects fingerprints and applicant information under 49 CFR part 1572; and the procedures an individual who applies to obtain or renew an HME, for a CDL in that State, must follow for collection and transmission of the Threat Assessment Fee and the FBI Fee.
(a) Imposition of fees.
(1) The following Threat Assessment Fee is required for TSA to conduct a security threat assessment, under 49 CFR part 1572, for an individual who applies to obtain or renew an HME: $34.
(2) The following FBI Fee is required for the FBI to process fingerprint identification records and name checks required under 49 CFR part 1572: the fee collected by the FBI under Pub. L. 101-515.
(3) An individual who applies to obtain or renew an HME, or the individual's employer, must remit to the State the Threat Assessment Fee and the FBI Fee, in a form and manner approved by TSA and the State, when the individual submits the application for the HME to the State.
(b) Collection of fees.
(1) A State must collect the Threat Assessment Fee and FBI Fee, when an individual submits an application to the State to obtain or renew an HME.
(2) Once TSA receives an application from a State for a security threat assessment under 49 CFR part 1572, the State is liable for the Threat Assessment Fee.
(3) Nothing in this subpart prevents a State from collecting any other fees that a State may impose on an individual who applies to obtain or renew an HME.
(c) Handling of fees.
(1) A State must safeguard all Threat Assessment Fees, from the time of collection until remittance to TSA.
(2) All Threat Assessment Fees are held in trust by a State for the beneficial interest of the United States in paying for the costs of conducting the security threat assessment, required by 49 U.S.C. 5103a and 49 CFR part 1572. A State holds neither legal nor equitable interest in the Threat Assessment Fees, except for the right to retain any accrued interest on the principal amounts collected pursuant to this section.
(3) A State must account for Threat Assessment Fees separately, but may commingle such fees with other sources of revenue.
(d) Remittance of fees.
(1) TSA will generate and provide an invoice to a State on a monthly basis. The invoice will indicate the total fee dollars (number of applicants times the Threat Assessment Fee) that are due for the month.
(2) A State must remit to TSA full payment for the invoice, within 30 days after TSA sends the invoice.
(3) TSA accepts Threat Assessment Fees only from a State, not from an individual applicant for an HME.
(4) A State may retain any interest that accrues on the principal amounts collected between the date of collection and the date the Threat Assessment Fee is remitted to TSA, in accordance with paragraph (d)(2) of this section.
(5) A State may not retain any portion of the Threat Assessment Fee to offset the costs of collecting, handling, or remitting Threat Assessment Fees.
(6) Threat Assessment Fees, remitted to TSA by a State, must be in U.S. currency, drawn on a U.S. bank, and made payable to the “Transportation Security Administration.”
(7) Threat Assessment Fees must be remitted by check, money order, wire, or any other payment method acceptable to TSA.
(8) TSA will not issue any refunds of Threat Assessment Fees.
(9) If a State does not remit the Threat Assessment Fees for any month, TSA may decline to process any HME applications from that State.

Title 49 published on 2014-10-01

no entries appear in the Federal Register after this date.

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